Jeffery
People v. Jeffery
Opinion
Opinion
Gilbert, J.
An error-free trial exists more in imagination than in reality. Many a judgment in a criminal case is tethered to the principle of harmless error. Errors that make no difference to the outcome of a case do not undermine the judgment. When a trial judge does not comply strictly with statutory requirements, the facts dictate whether an appellate court may conclude that a remand is unnecessary because it is reasonably probable the trial' court will reach the same decision. Here we conclude a remand is necessary.
Tina Louise Jeffery appeals a judgment of conviction following her nolo contendere plea to transportation of cocaine, possession of cocaine for sale, possession of methamphetamine for sale, and transportation of methamphetamine, with an admission of a prior narcotics conviction. (Health & Saf. Code, §§ 11352, subd. (a), 11351, 11378, 11379, subd. (a), 11370.2, subd. (a).) We conclude that the trial court erred by not stating with specificity its reasons for not committing Jeffery to the California Rehabilitation Center. We reverse and remand so that the trial court may do so. (Welf. & Inst. Code, § 3051.)